Version No. 048
Public Prosecutions Act 1994
No. 43 of 1994
Version incorporating amendments as at
26 October 2021
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Director of Public Prosecutions
9Acting Director
10Director is responsible to Attorney-General
11Appearance by Director
12Annual report
Part 3—Chief Crown Prosecutor
13Appointment
14Role of Chief Crown Prosecutor
15Terms and conditions
15ASalary sacrifice—Chief Crown Prosecutor
16Resignation
17Suspension and removal from office
18Pension of Chief Crown Prosecutor and of his or her partner and children
19Acting Chief Crown Prosecutor
19ASalary sacrifice—Acting Chief Crown Prosecutor
19BChief Crown Prosecutor may act as Director
20Chief Crown Prosecutor is responsible to Director
21Exercise of powers in cases of conflict of interest etc.
Part 4—Functions and powers of Director
22Functions of Director
23Functions of Director in relation to public prosecutions service
24Matters to which Director must have regard
25Power to discontinue criminal proceedings
25AGuidelines—briefing legal practitioners other than Crown Prosecutors and Associate Crown Prosecutors
26Guidelines—prosecutions of offences
27Director to be provided with certain information
28Director may request police assistance
29Director may make request to Attorney-General
30Delegation
Part 5—Crown Prosecutors
31Appointment
32Terms and conditions
32ASalary sacrifice—Crown Prosecutors
33Resignation
34Removal from office
35Pensions of Senior Crown Prosecutors and of their partners and children
35ASenior Crown Prosecutor may act as Chief Crown Prosecutor
36Functions of Crown Prosecutors
Part 6—Associate Crown Prosecutors
37Appointment
38Functions of Associate Crown Prosecutors
Part 7—Office of Public Prosecutions
Division 1—Office of Public Prosecutions
39Office of Public Prosecutions
40Employment of staff
41Functions of Office
Division 2—Solicitor for Public Prosecutions
42Appointment
43Functions of Solicitor for Public Prosecutions
44Delegation
Part 8—The Director's Committee
Division 1—Establishment and functions of Director's Committee
45Director's Committee
45AFunctions of Director's Committee
45BGuidelines—regarding special decisions
Division 2—Special decisions
45CMeeting to be held for special decisions
45DConstitution of Director's Committee for meeting on special decision
45EWhen meeting not required
45FReport to Attorney-General if advice not followed
45GReport to be tabled in Parliament
45HDelegation of functions in relation to special decisions
Part 9—Miscellaneous
46Immunity
47Outcome of trial cannot be challenged etc. on ground relating to special decision
48Judicial notice
48AConsolidated annual report
49Supreme Court—limitation of jurisdiction
50Regulations
51Transitional provisions
51ATransitional provisions (1998 amendments)
52Transitional provisions (1999 amendments)
53Transitional provision (2004 amendment)
54Transitional provision (2006 amendment)
55Validation provision
56Transitional provisions (2012 amendment)
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 048
Public Prosecutions Act 1994
No. 43 of 1994
Version incorporating amendments as at
26 October 2021
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to provide for the appointment of a Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors and a Solicitor for Public Prosecutions and set out their respective functions and powers;
(ab)to set out the functions and powers of the Director of Public Prosecutions;
(b)to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee on the decision;
* * * * *
(d)to establish an…